Death row inmate seeks new trial in Fayette slaying
UNIONTOWN (AP) – A man sentenced to death in the murder of his former girlfriend a decade ago is seeking a new trial on the grounds that some evidence wasn’t presented at his original trial.
Sixty-five-year-old James VanDivner Jr. of Brownsville was convicted in Fayette County of having gunned down 41-year-old Michelle Cable outside her Jefferson Township home in July 2004. Her teenage son was wounded.
His attorneys argued at trial that their client was intellectually disabled and therefore ineligible for execution, but a judge rejected that contention.
The (Uniontown) Herald-Standard reports that defense attorneys are appealing to the state Supreme Court, citing a ruling that courts can use factors other than IQ scores in making that determination. They also say some evidence not presented may have changed the trial verdict.